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Madras High CourtWP/2773/2022allowed

Vidyalakshmi Vipin v. The Sub Registrar

2024-04-26Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Vidyalakshmi Vipin .. Petitioner

Versus

The Sub Registrar, Cheyyur - 603 302 .. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in relation and pertaining to the refusal slip bearing reference RFL/Cheyyur/Book 2/4 dated 26.11.2021, quash the same and register the Power of Attorney dated 13.10.2021.

For Petitioner : Mr.P.Raghunathan M/s.T.S.Gopalan and Co For Respondent : Mr.J.Ravindran, AAG assisted by Mr.Yogesh Kannadasan Special Government Pleader

ORDER

By consent of both parties, this writ petition is taken up for final disposal.

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2. This writ petition is filed to quash the Refusal Check Slip in Refusal Number:RFL/Cheyyur/Book 2/4 dated 26.11.2021, quash the same and direct the respondent to register the Power of Attorney dated 13.10.2021.

3. Heard both sides and perused the materials placed on record. The ground on which the refusal checkslip is issued mainly on the ground that original property has not been divided. The very rejection is nothing but non application of mind, power of attorney is nothing but appointing an agent. Therefore, registering such document is no way connected to the partition.

4. Such view of the matter, the refusal check slip issued by the respondent dated 26.11.2021 is set aside. The respondent is directed to register the Power of Attorney dated 13.10.2021 within a period of one month from the date of receipt of a copy of this Order.

5. With the above directions, this Writ Petition stands allowed. No costs.

26.04.2024 dhk Index :Yes/No Internet :Yes/No 2/3

N. SATHISH KUMAR , J.

dhk To, The Sub Registrar, Cheyyur - 603 302 W.P.No.2773 of 2022 26.04.2024 3/3